Proposed Changes to Visa Waiver Program

Recently, Customs and Border Protection (CBP) suggested a new rule that could alter the eligibility criteria for the Visa Waiver Program (VWP). Under this proposal, international travelers would need to provide their social media history from the last five years, along with other personal details not previously required.

This notice was published in the Federal Register, aiming to update the Electronic System for Travel Authorization (ESTA). ESTA allows visitors from 42 countries participating in the VWP to enter the U.S. for stays of up to 90 days without a traditional visa.

The essence of this proposal is a more thorough vetting process.

The planned requirement for social media disclosure is intended to enable officers to investigate public posts, profiles, and activities for any potential national security or public safety concerns.

Reports indicate that federal reviewers will focus on identifying connections to terrorist organizations, signs of violent extremism, hostility towards the U.S. or its government, antisemitism, and signs of criminal activities like trafficking or fraud. Additionally, they may flag any discrepancies between the applicant’s stated travel intent and their online activities. Other concerns might arise from connections to sanctioned individuals or travel to regions deemed high-risk.

If this proposal becomes a reality, the ESTA application would include the social media check along with detailed biographic data, which could encompass fingerprints, iris scans, past email addresses, family info, and even a recent selfie.

An optional “self-reported exit” feature might also allow visitors to confirm their departure from the U.S. by providing their geolocation, passport details, and a live selfie.

“In line with the January 2025 Executive Order 14161, CBP is making social media a mandatory part of the ESTA application,” according to the Federal Register announcement. “ESTA applicants will need to submit their social media information from the last five years.”

CBP insisted that these measures are crucial for reducing the incidence of fraudulent applications and enhancing identity verification, ultimately contributing to the safety of Americans.

This new proposal echoes the administration’s push for stricter immigration policies and heightened scrutiny of potential national security risks stemming from foreign visitors.

“They’re assessing whether your narrative — who you claim to be and your travel motivations — aligns with your digital presence,” commented immigration attorney Susanne Heubel. “If you’re careful about your travel, you likely won’t run into any issues,” she added.

However, it’s important to note that the proposal is still in the discussion phase and has not yet been implemented.

The U.S. government is inviting public feedback, providing a 60-day period for comments. Anyone—whether American citizens or foreign nationals, individuals or organizations—can share their views. The deadline for comments is February 9, 2026.

Public comments on the proposed ESTA changes can be sent via email, ensuring to mention the OMB Control Number 1651-0111 in the subject line along with the agency name, U.S. Customs and Border Protection. If comments are submitted in a language other than English, an accurate translation must be included for consideration.